Madras High Court
A.Muthu vs The Commissioner on 27 September, 2021
W.A(MD)Nos.1657 and 1658 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.A(MD)Nos.1657 and 1658 of 2021
and
C.M.P(MD)Nos.7190 and 7192 of 2021
W.A(MD)No.1657 of 2021:
A.Muthu .. Appellant
Vs
1.The Commissioner,
Department of Social Defense,
No.300, Purasawalkam High Road,
Kellys, Chennai – 600 010.
2.The Joint Director,
Department of Social Defense,
No.300, Purasawalkam High Road,
Kellys, Chennai – 600 010.
3.The District Collector,
District Child Protection Society,
District Collectorate Campus,
Sivagangai District.
Page 1 of 8
https://www.mhc.tn.gov.in/judis/
W.A(MD)Nos.1657 and 1658 of 2021
4.The District Child Protection Officer,
District Child Protection Unit,
3/1-1, Periyar Nagar, 1st Street,
Sivagangai District.
5.Dhanasekara Pandian,
Joint Director,
Department of Social Defense,
No.300, Purasawalkam High Road,
Kellys, Chennai – 600 010. ..Respondents
PRAYER: Writ appeal filed under Clause 15 of the Letters Patent against
the order dated 06.08.2021 passed in W.P(MD)No.7239 of 2021.
For Appellant : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
For Respondents : Mr.P.Thilak Kumar
Government Pleader for R.1 to R.4
*****
W.A(MD)No.1658 of 2021:
A.Daisy .. Appellant
Vs
1.The Commissioner,
Department of Social Defense,
No.300, Purasawalkam High Road,
Kellys, Chennai – 600 010.
https://www.mhc.tn.gov.in/judis/
W.A(MD)Nos.1657 and 1658 of 2021
2.The Joint Director,
Department of Social Defense,
No.300, Purasawalkam High Road,
Kellys, Chennai – 600 010.
3.The District Collector,
District Child Protection Society,
District Collectorate Campus,
Sivagangai District.
4.The District Child Protection Officer,
District Child Protection Unit,
3/1-1, Periyar Nagar, 1st Street,
Sivagangai District. ..Respondents
PRAYER: Writ appeal filed under Clause 15 of the Letters Patent against
the order dated 06.08.2021 passed in W.P(MD)No.7236 of 2021.
For Appellant : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
For Respondents : Mr.P.Thilak Kumar
Government Pleader for R.1 to R.4
COMMON JUDGMENT
[Judgment of the Court was delivered by
The Hon'ble CHIEF JUSTICE]
There is no merit in either appeal as the tenure of the appellants, as
contractual employees, were terminated upon the conclusion of the tenure.
https://www.mhc.tn.gov.in/judis/
W.A(MD)Nos.1657 and 1658 of 2021
2.The appellants suggest that despite the tenure of other similarly
placed persons having been extended, the tenure of the two appellants had
not been extended on extraneous considerations. The appellants suggest that
some element of stigma attaches to the appellants and, in such a scenario,
the appellants ought to have been given an opportunity of presenting their
cases and heard before the appellants' tenures were terminated.
3.There is little right that a person engaged on contractual basis
enjoys for the extension of the tenure beyond the period of the contract.
Indeed, even before the tenure is ended, the contract may be terminated at
the will of the employer without the contractual employee having any say in
the matter. However, an exception has been carved out in recent times, to
the effect that if the services are terminated before the tenure expires by
efflux of time on the ground of any perceived misconduct on the part of the
employee, due notice should be given to the employee and the concerned
employee heard.
https://www.mhc.tn.gov.in/judis/
W.A(MD)Nos.1657 and 1658 of 2021
4. It is possible that several persons are required to discharge similar
duties for a period of time and, after the completion of the initial period of
tenure or even the extended period of the tenure, there is need only for a
limited number of persons instead of the entire complement of contractual
employees. In such of scenario, it is open to the employer to choose which
of the persons to retain and which of the persons to let go and the employees
may not have any right in such regard. As long as no stigma is attached to
the conduct of any contractual employee, the contractual employee cannot
complain of the failure to extend the tenure.
5. In the present case, some of the persons originally engaged as
contractual employees have been continued and others have not. For
persons like the present appellants herein whose tenures have not been
renewed, there is no allegation made against them, whether on account of
misconduct or any other aspect. In such circumstances, when no stigma
attaches to the appellants and their tenures under the contract had been
determined upon expiry of the contemplated period, the fact that the tenures
of the certain other similarly placed persons may have been extended cannot
https://www.mhc.tn.gov.in/judis/
W.A(MD)Nos.1657 and 1658 of 2021
be a ground that can be urged by the appellants to get back their contractual
engagements.
6. The judgments and orders impugned have dealt with the matter in
the appropriate perspective and do not call for any interference.
W.A(MD).Nos.1657 and 1658 of 2021 are dismissed. C.M.P(MD)Nos.7190
and 7192 of 2021 are closed. There will be no orders to costs.
(S.B., CJ.) (M.D., J.)
27.09.2021
Index : No
Internet : Yes/No
PM/PJL
Note : In view of the present lock
down owing to COVID-19 pandemic,
a web copy of the order may be
utilized for official purposes, but,
ensuring that the copy of the order
that is presented is the correct
copy, shall be the responsibility of
the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A(MD)Nos.1657 and 1658 of 2021
To:
1.The Commissioner,
Department of Social Defense,
No.300, Purasawalkam High Road,
Kellys, Chennai – 600 010.
2.The Joint Director,
Department of Social Defense,
No.300, Purasawalkam High Road,
Kellys, Chennai – 600 010.
3.The District Collector,
District Child Protection Society,
District Collectorate Campus,
Sivagangai District.
4.The District Child Protection Officer,
District Child Protection Unit,
3/1-1, Periyar Nagar, 1st Street,
Sivagangai District.
https://www.mhc.tn.gov.in/judis/
W.A(MD)Nos.1657 and 1658 of 2021
THE HON'BLE CHIEF JUSTICE
and
M.DURAISWAMY, J.
PM/PJL
W.A(MD)Nos.1657 and 1658 of 2021
and
C.M.P(MD)Nos.7190 and 7192 of 2021
27.09.2021
https://www.mhc.tn.gov.in/judis/
